Phil Ryan, a Texas Police Office and Texas Police Academy Instructor, on Facebook, put up a posting quoting the State Penal Code which apparently authorizes the use of deadly force in the case of Criminal Mischief directed at the property of a third party during nighttime.

In other words, in Texas, if some ANTiFA or BLM activist were to be found vandalizing or defacing a Confederate Monument after dark, apparently any law-abiding, gun-toting Texican could intervene: BANG!

As a police officer and police academy instructor, I am posting this as a public service announcement.

In Texas, Criminal Mischief (Vandalism) is a crime. So, let’s say someone is defacing or destroying a monument or a statue, not that it happens, just a hypothetical. That would be Criminal Mischief under Texas Penal Code:

Sec. 28.03. CRIMINAL MISCHIEF.
(a) A person commits an offense if, without the effective consent of the owner:
(1) he intentionally or knowingly damages or destroys the tangible property of the owner;
(2) he intentionally or knowingly tampers with the tangible property of the owner and causes pecuniary loss or substantial inconvenience to the owner or a third person; or
(3) he intentionally or knowingly makes markings, including inscriptions, slogans, drawings, or paintings, on the tangible property of the owner.

Texas Penal Code Chapter 9, which are the laws concerning the use of force and deadly force to protect yourself, someone else, your property, or someone else’s property (could be state, county or municipal property (the peoples). In Chapter 9 under defense of property it says:

Sec. 9.43. PROTECTION OF THIRD PERSON’S PROPERTY.
A person is justified in using force or deadly force against another to protect land or tangible, movable property of a third person if, under the circumstances as he reasonably believes them to be, the actor would be justified under Section 9.41 or 9.42 in using force or deadly force to protect his own land or property and:
(1) the actor reasonably believes the unlawful interference constitutes attempted or consummated theft of or criminal mischief to the tangible, movable property;

Chapter 9.41 states: PROTECTION OF ONE’S OWN PROPERTY.
(a) A person in lawful possession of land or tangible, movable property is justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary to prevent or terminate the other’s trespass on the land or unlawful interference with the property (Criminal Mischief is unlawful interference with property).

Chapter 9.42 states: DEADLY FORCE TO PROTECT PROPERTY.
A person is justified in using deadly force against another to protect land or tangible, movable property:
(2) when and to the degree he reasonably believes the deadly force is immediately necessary:
(A) to prevent the other’s imminent commission of arson, burglary, robbery, aggravated robbery, theft during the nighttime, or criminal mischief during the nighttime (Night time is 30 minutes after sunset until 30 minutes before sunrise).

Bottom line, if someone is destroying a monument or statue that isn’t theirs, you can defend it by force during the day with deadly force at night.

Just a little tip, from your Uncle Phil…”

Personally, I like it. But, as you can imagine the bed-wetters and pillow-biters are having a cow over this one and screaming for the officer to be fired. Example

There is plenty about last Tuesday’s post on Facebook, but (for some mysterious reason) Phil Ryan‘s controversial post seems to have disappeared.

Robert Jenkins Onderdonk, Fall of the Alamo, 1903, Texas State Archives.

March 6, 1836: Following a thirteen-day siege, more than 2000 Mexican troops launched a pre-dawn attack from all four sides on the fortress defended by 180 men. The Mexicans were repulsed twice, but a third assault gained the north wall and broke through the west wall. After fierce fighting, the defenders were killed to a man. The casualties included Colonel William Barret Travis, James Bowie, and former Congressman from Tennessee David Crockett.

Big Country Snake Removal posted on January 30th on Facebook:

Last week we received a call from a family in Jones county who had an adult rattlesnake in their toilet. Yes, in their toilet! (The snake found its way in from an opening in a relief pipe that I later sealed)

This was the first snake that the family has seen on the property in several years…. When I arrived, I immediately noticed a few problematic areas. Intuition took me directly to a storm cellar where I safely removed 13 adult rattlesnakes. After a thorough perimeter check, I crawled underneath the house where I removed another 10, 5 being babies…. 24 snakes total, (including the toilet snake) and the family had no idea….

How is this possible? It’s actually quite simple; rattlesnake are secretive and can be very cryptic- They rely heavily on their camouflage. This is simply how they survive. Just because you don’t see them doesn’t mean they aren’t there….

Believed to be from San Antonio, Texas, circa 1967.

Via Robert Ruark’s Andover nephew.

But they will certainly speak volumes, and what a display for a Texas oilman’s wall this collection of rare and rusty firearms would make!

James D. Julia Auction, Quality Firearms, March 14, 2016, Lot 1160

WONDERFUL COLLECTION OF TEXAS RELIC FIREARMS FOUND IN TEXAS AND ASSEMBLED OVER MANY YEARS BY BILL STEWART OF SONORA, TEXAS FEATURING A 9″ FLAT CYLINDER NO. 5 TEXAS PATERSON REVOLVER.

SN NSN. Cal. 34. 1) Texas Paterson revolver with 9″ bbl and flat cylinder. This revolver was found by a young boy near the Burgess Spring Waterhole on the outskirts of Alpine, Texas in 1962. This relic was displayed at the T.G.C.A. “Parade of Texas Patersons” in November of 1994 and also in early 2000’s at the T.G.C.A. show in San Antonio, Texas. The revolver has 3 loaded chambers. This revolver is accompanied by a letter from Bill Stewart telling the story of this wonderful relic and states that he believes this relic is one of the orig group purchased by Republic of Texas and issued to Texas Rangers. Also included is a letter form Victor Friedrichs to Mr. Stewart discussing this gun. Also included is a handwritten note from Paterson experts Linda Lassister and Steve Evans stating that they would “someday like to have a “Rusty” Paterson of their own”. 2) Colt model 1839 Paterson carbine of type ordered by the Republic of Texas. 3) Cal. 44 revolver with flat-sided frame that appears to be a Dance. 4) Large-framed Dragoon revolver with rnd trigger guard and small loading cut. Appears to be Tucker, Clark, and Sherard. 5) Colt model 1848 “Baby Dragoon” with rammer. SN 7042 on backstrap and trigger guard. 3 cylinders capped and loaded. 6) Colt model 1860 Army Richard/Mason conversion no. 147249 on trigger guard. 7) Model 1855 Colt receiver and cylinder in 52 Cal.. Accompanied by orig cartridge for this model. 8) Colt model 1855 Root rifle. 9) Whitney-Kennedy lever action rifle. 10) Bbls from double-gauge percussion. PROVENANCE: The Estate of G. W. “Bill” Stewart of Sonora, Texas. CONDITION: 1) As found. 3 loaded chambers. Grips and straps are missing. 2) Bbl, cylinder and loading lever present. Buttstock is missing. 3) Bbl, cylinder and frame present. Grips and straps are missing. 4) Bbl, cylinder, frame and brass straps. Grips missing. 5) Bbl, cylinder, frame, backstrap and trigger guard. Grips are gone. SN visible on trigger guard and backstrap. 6) Bbl, cylinder, frame, and trigger guard. Hammer, backstrap and grips are gone. SN and some silver visible on trigger guard. 7) Frame, cylinder, and arbor. Clear Colt marking. Cleaned with naval jelly. 8) Bbl, frame, and cylinder. Stocks are gone. Frame cracked in front of cylinder. 9) Bbl, magazine, receiver, lever and hammer. Stocks are gone. Silver blade front sight on bbl. 10) Bbls only. A very unique opportunity to obtain a wonderful collection of relics that were all found in Texas by an old time collector featuring an award winning no. 5 Paterson revolver and a model 1839 Paterson carbine. 49973-162, 49973-159, 49973-160, 49973-161, 49973-163, 49973-250, 49973-251, 49973-252, 49973-389, 49973-390, TEP (10,000-20,000)

9″ Barrel Texas Patterson Revolver, one of original group purchased by the Republic of Texas and issued to Texas Rangers for use against the Comanches in the 1830s.

CNN story & video.